(1) In these rules, unless the context otherwise requires,-

(a) "Act"

means the Customs Tariff Act, 1975 (51 of 1975);

(b) "critical circumstances"

means circumstances in which there is clear evidence that increased imports have caused or are threatening to cause serious injury to the domestic industry and where delay in imposition of provisional safeguard measure would cause irreparable damage to the domestic industry;

(c) "Director General"

means the Director General (Safeguard) appointed by the Central Government under sub-rule (1) of rule 3 of the Customs Tariff (Identification and Assessment of Safeguard Duty) Rules, 1997;

(d) "domestic industry"

means the producers ,-

(i) as a whole of the like good or a directly competitive good in India; or

(ii) whose collective output of the like good or a directly competitive good in India constitutes a major share of the total production of the said good in India;

(e) "good"

means material or product;

(f) "increased imports"

includes increase in imports from the member State of the Association of Southeast Asian Nations, whether in absolute terms or relative to domestic production;

(g) "interested party"

includes, -

(i) any exporter or producer from the member States of the Association of Southeast Asian Nations or importer of the good subjected to investigation for purposes of taking safeguard measure or a trade or business association, majority of the members of which are producers, exporters or importers of such a good;

(ii) the Governments of the exporting member States of the Association of Southeast Asian Nations; and

(iii) a producer of the like good or directly competitive good in India or a trade or business association, a majority of members of which produce or trade the like good or directly competitive good in India;

(h) "like good"

means a good which is identical or alike in all respects to the good under investigation;

(i) "member State of the Association of Southeast Asian Nations"

means a country mentioned in Annexure IV to the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 189/2009 - Customs (N.T.), dated the 31st December, 2009, published vide number G.S.R. 937 (E), dated the 31st December, 2009 as amended from time to time;

(j) "serious injury"

means a significant overall impairment of the domestic industry;

(k) "threat of serious injury"

means a clear and imminent danger of serious injury on the basis of facts and not merely on allegation, conjecture or remote possibility; and

(l) "Trade Agreement"

means the 'Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation between the Republic of India and the Association of South East Asian Nations'.

(2) Words and expressions used herein and not defined but defined in the Customs Tariff Act, 1975 (51 of 1975) and the Customs Act, 1962 (52 of 1962) shall have the meanings respectively assigned to them in those Acts.